I think he could have got essentially the same photo standing a little back and away and included both catenary supports, as is a little awkward composition??? Normal would be to frame the train. I'd guess the trespassing thing could be a matter of both legal and maintaining good relations with railroads in North America.

One favorite example of cultural differences was an photo from the Phillipines, it is a commuter line and between trains locals operate little jitney's on the track ferrying commuters.

Personally I think trespassing is a matter between the railroad or other property owner and the individual.